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Malaysian woman married to American

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asked on Apr 8, 2003 at 16:37
by   aidasamad
edited on Oct 30, 2016 at 02:56
 
I am a Malaysian woman married to an American citizen. I have the following questions.

In the event that through marriage, I acquire American citizenship. Am I required to give up my Malaysian citizenship? I found this statement from Lawyerment.com.my - the Malaysian Online Legal Resource - "If you have acquired by registration, naturalization or other voluntary or formal act, other than marriage, the citizenship of a foreign country, the Federal Government shall by order deprive of your citizenship." I am unsure because of the term "other than marriage" used.

If I deliver my baby in America, can my baby be registered as a Malaysian citizen?

If we decide to reside in Malaysia, can my husband get an employment pass to work in Malaysia? If yes,
1. how long does the process take?
2. does he have to get a job offer first and
3. how long is the employment pass valid for?

Can my husband apply to become a Permanent Resident of Malaysia? If yes, what are the requirements?

How can my husband get an Entry Permit to Malaysia? Are holders of Entry Permits eligible to work in Malaysia?

What is meant by "Persons in possession of specialist or professional qualification"? Is a bachelor's degree included in "professional qualification"? If no, is an MBA included?

Thank you!
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answered on Apr 9, 2003 at 12:31
by   Vince
The term "other than marriage" here means: 

You actually acquired you American Citizenship "through/by marriage" while dependant on your American Husband.

So, your Malaysian Citizenship shall NOT be seized. But any other ways of acquiring a citizenship of a foreign country, "OTHER THAN through/by Marriage" then, your Malaysian Citizenship SHALL BE DEPRIVED or be Seized.

You can register your baby in either America or Malaysia. BUT...your baby is still an American, NOT Malaysian. All Children's citizenship follow the Father's.

He needs to find an Employer who is willing to sponsor him for his Work Pass.

Process depends on the efficiency and work-speed of the Immigration staff.

Employment Pass usually valid for Two (2) years.

If your husband has or YOU have "Enough Money" to invest in Malaysia, you can easily be his sponsor for Stay in Malaysia. You can be his Employer or Business Partner.

Professional or Specialist qualification here means Bachelor Degree and higher, specialized in certain fields.

In brief, if You have the Money to invest in Malaysia, there are many ways you could easily make things work for you and your husband.

please also visit: http://www.imi.gov.my/ for details.

Good luck.
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answered on Apr 9, 2003 at 19:06
by   aida
Thank you Vince. This is very helpful.

I was hoping the citizenship laws for Malaysia had been changed because of older discrimatory laws (if I'm a Malaysian man, my child can get Malaysian citizenship, but not if I'm a woman) but I guess it hasn't.

As for the investment, do you know what is defined as "enough money"? Is there a specific amount, like the Silver Hair program? Or is it only if I own a business and sponsor him, doesn't matter the amount? Also, if he gets his employment pass through my sponsorship, is he able to apply for work in other firms as well, or is he restricted to working in "our" business?

Thanks again!
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answered on Apr 13, 2003 at 15:43
by   Vince
Please visited the website: http://www.imi.gov.my/
then click FAQ and
"Foreign Workers"
the "Special Programme".

These will provide you some general knowledge and "Ideas" of getting what you want. Do Not forget "Loophole" exists.
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answered on Apr 21, 2003 at 23:56
by   Vince
Enough Money while referring to YOU means:

You will sponsor your husband' stay and you have a sustainable amount of money that is sufficient and able to provide a reasonable living condition for your husband, eventhough he might be without work for few years in Malaysia.

Enough Money while referring to Your Husband means:

The Amount as stated in the "Special Programme" and "Malaysia My Second Home".

Best wishes.
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answered on Apr 22, 2003 at 00:53
by   aida
Thanks Vince. This is very helpful.
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answered on Aug 4, 2012 at 17:38
by   bobhurt
edited Oct 30, 2016 at 02:56
 
My story as a foreigner marrying a Malaysian lady and applying for a 5-year pass...

I want to marry a Malaysian lady last year but as per Malaysian law requirement, I have to leave the country first and reenter Malaysia again to take a 3-day marriage study course by Registrar of Marriage to learn more about marriage life. After getting the certificate in Kuala Lumpur, I went to her hometown in the state of Terengganu. Traveled 8 hours then got the Immigration letter attested. I must have my non-married certificate attested by my Embassy in Malaysia AND the Ministry of Foreign Affairs Office. With your couple photos, next day rushed to the same state hospital for medical examination. Next week arranged for marriage wedding party at her home town... and by law I could get a certificate next after 30 days but till then my Visa to stay in Malaysia will be expiring. Marriage Office issued me a letter to pass Immigration and get 1 month Visa. I went to Shah Alam to get 1 month pass but the Shah Alam Immigration stamped pass (no more further extension required) even they knew Visa pass was issued by Marriage Department Office of Religion.

Then after 1 month, I got the certificate from the state of Terengganu and traveled again to the Immigration Office but at the counter, the officer said, I cannot apply for marriage citizen pass because my Visa left only 2 days. They need 2 more weeks for pass application thus I must leave the country. Then I traveled again from Terengganu to Kuala Lumpur and bought Sri Lankan Airline ticket to leave Malaysia but no flight available within 5 days. I have no choice so I bought a ticket and rushed to KLIA Airport early morning by taxi to fly back to my country. After spending 7 hours at the airport, I did not get my boarding pass because, I overstayed 2 days and was fined RM35 per day overstayed. I wanted to pay the fine but when I reached at the boarding counter reception, I was told that I need to go to Putrajaya Immigration Office to pay the fine. The Office is 35KM from the airport. I requested a lot of immigration authorities but they refused to help me. So I took a taxi to Putrajaya Immigration Office but was told that I need to buy a new ticket first and queue in line where there were around 110 people in the queue. I rushed to Kuala Lumpur and bought a new ticket after paying a RM430 fine for the ticket extension. Again I rushed back to Putrajaya but my turn was 75 and by 5pm the office would be closed.

And the next day, I asked my wife to come over to Kuala Lumpur (She is staying and working in Johor Bahru 325KM from Kuala Lumpur, my house). Then we both reached the Shah Alam Immigration and she requested for 1 more month pass. The officer was kind enough to issued me a 1 month pass for a fee of RM100. The officer said I can apply for a 5-year pass but need to attached 21 requirements:

1. 2 sets of Form Imm.55

4. Malaysian Sponsor Statement form

5. Husband's and wife's particulars form

6. Additional information form

7. Security Bond which has been stamped with a RM10.00 revenue stamp

8. Statutory Declaration of marriage is still in effect

9. 2 passports size photographs of husband and wife

10. Photocopy of husband's/wife's birth certificate

11. Photocopy of husband's/wife's Identification Card

12. Photocopy of Marriage Certificate (marriage abroad)

13. Photocopy of Malaysian Marriage Certificate

14. Photocopy of Divorce/Death Certificate (if applicable)

15. Wedding photographs

16. Photocopy of children’s birth certificates

17. Trading License/ROC form/Form J (Proprietor)

18. Supporting letter from employer (Employee)

19. Income statement (Form J/bank book/3 months salary slip)

20. Residential address

21. Photocopy of husband's/wife's passport

http://www.imi.gov.my/images/borang/Pas/IMM10.pdf

We arranged for the above documents and took us around 3 weeks. We traveled a lot and my wife took many days of leave from office. We rushed to Immigration Office in Shah Alam and tried to submit the documents bu the immigration lady officer at the counter told us that because my wife's IC from Johor Bahru, we have to apply in Johor Bahru. I tried to explained in details that we planned to stay and do business in Kuala Lumpur and we are looking for a shop in Kuala Lumpur too. But she refused my application.

NOTE: It is very troublesome for foreign businessmen if your visa pass or business pass is from other state. You have to rush every time to that state for any business approval.

We were left with not enough money to travel or to pay for anymore fees. I was having a headache, so I told my wife to stay in Malaysia while I will travel to Arab 2 months later. Its better we stop quarreling over the pass...

We both traveled:
1000KM + JB KL 350KM + JB TERENGGANU 800KM + TERENGGANU JB 800KM. JB SHAH ALAM KL 400KM + SHAH ALAM JB 400KM. TOLL PLAZA FEE RM50 PER JB KL TOUR BY HI-WAY + KUANTAN KL 300KM FOR WIFE BIRTH CERTIFICATE + KUANTAN JB 400KM VIA MERSING + JB SHAH ALAM 400KM + SHAH ALAM JB VIA HI-WAY MELAKA.

If I am not wrong, we spent RM30,000 for our marriage and traveling expenses by air and by car and bus around 6000km. In the end, situation was against us and our love life, so we decided to stop...
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answered on Sep 2, 2016 at 19:32
by   edanny101
edited Oct 30, 2016 at 02:56
 
I know it's very old topic but I have the same question! 

May I know that statement "If you have acquired by registration, naturalization or other voluntary or formal act, other than marriage, the citizenship of a foreign country, the Federal Government shall by order deprive of your citizenship."

Is it still legal now?
Any approval source for government to that? 

Thanks in advance. 
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